Adam Coote has written a new post on Practitioners’ Obligation to Keep Costs Reasonable and Proportionate – Court of Appeal Update
Introduction
In Yara Australia Pty Ltd & Ors v Oswal the Court of Appeal has emphasised the overarching obligation on practitioners and parties to ensure the costs incurred in civil proceedings are reasonable and proportionate to the complexity of the case and the amount in dispute.
The matter initially came before the Court of Appeal as an application for leave to appeal a decision of Whelan J in which he had set aside an order of an Associate Justice for security for costs. The Court of Appeal refused the application for leave. After refusing leave, the Court of Appeal asked the parties to address it on whether any party had breached the overarching obligation in s24 of the Civil Procedure Act (the Act) to use reasonable endeavours to ensure the costs incurred in the proceeding were reasonable and proportionate to the complexity and importance of the issues and the amount in dispute.
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Adam has a common law and general commercial practice, with an emphasis on trial work.
He appears in the Supreme, County and Magistrates’ Courts and VCAT. These appearances generally require involvement in the interlocutory stages as well as final hearings. He also appears in both private and compulsory mediations in his areas of practice.
